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The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

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4.—(1) The provisions of this paragraph apply to an appeal under regulation 30 or 31 which falls to be determined by an appointed person and, in the case of an appeal under regulation 31, apply instead of regulation 31(7).

(2) If the appellant or the Welsh Ministers inform the appointed person that they wish to appear before and be heard by him or her, the appointed person must give them an opportunity to do so.

(3) Even if the appellant or the Welsh Ministers has not asked to appear and be heard, the appointed person—

(a)may—

(i)in the case of an appeal under regulation 30, hold a hearing in connection with the appeal or matter, and

(ii)in the case of an appeal under regulation 31, hold a local inquiry or other hearing in connection with the appeal or matter; and

(b)must, in the case of an appeal under regulation 31, hold a local inquiry in connection with the appeal or matter if the Welsh Ministers direct.

(4) The appointed person must notify his or her decision to hold a hearing or a local inquiry (as the case may be) to the appellant, the Welsh Ministers and to any persons who notified the Welsh Ministers that they wish to make representations under regulation 31(6).

(5) If an appointed person holds a local inquiry or other hearing under this Schedule, the Welsh Ministers may appoint an assessor to sit with the appointed person and advise him or her on any matters arising, notwithstanding that the appointed person is to determine the matter or appeal.

(6) Subject to regulation 31(10), the costs of the hearing or local inquiry held under this Schedule must be met by the Welsh Ministers.

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